ParkMaven - CCJ Claim Form issued as first contact

[tile22]

Hello All,

I have received a claim form for a CCJ that I have received no notice of prior to its arrival. No NTK, reminder, debt collection or otherwise. The first I am hearing about it is through the court document.

There is another ongoing case for a different event a week earlier from the same company, also at the Claim form stage however all of the correct documents were issued for that.

Can you please advise on the best approach for handling this.

[des8]

Re the claim for which you have received no prior documents:
i) acknowledge the claim but do not enter a defence. This will allow you 33 days from date of claim issue in which to obtain details and file a defence
ii) send a Subject access Request to Park Raven (https://legalbeagles.info/library/gu...ccess-request/)
iii) send a CPR31.14 letter to the solicitor named on the claim form.(https://legalbeagles.info/library/gu...-of-documents/)

Do not identify the driver when communicating with them or on here
When you receive a response, or a week before your defence is due to be filed, post back on this thread.

Re the other claim:
Same procedure as above.
However could you please start another thread if you are seeking advice about this case, as running two can become confusing.
If you start another thread please post up all the documentation received so far, Just redact identifying details but leave in all dates and times.

[tile22]

Re the claim for which you have received no prior documents:
i) acknowledge the claim but do not enter a defence. This will allow you 33 days from date of claim issue in which to obtain details and file a defence
ii) send a Subject access Request to Park Raven (https://legalbeagles.info/library/gu...ccess-request/)
iii) send a CPR31.14 letter to the solicitor named on the claim form.(https://legalbeagles.info/library/gu...-of-documents/)

Do not identify the driver when communicating with them or on here
When you receive a response, or a week before your defence is due to be filed, post back on this thread.

Re the other claim:
Same procedure as above.
However could you please start another thread if you are seeking advice about this case, as running two can become confusing.
If you start another thread please post up all the documentation received so far, Just redact identifying details but leave in all dates and times.

Hi,

Thanks for your reply.

Just so I am sure I understand. I should submit an SAR to Parkmaven and a CPR31.14 to DCBlegal in order to see what documents and information they hold in order to better build a defense?

The date of issue was the 31st of March so I will acknowledge the claim to give time for replies to the requests (although I did wait almost 2 months for an email from them last time, SAR should be quicker?).


Are you suggesting I gather this information as submitting a defense now, effectively saying nothing has been received prior to the claim form, would not be a strong enough defense in itself? I have had some advice saying that DCBLegal tend to drop claims once a defense is submitted, but I suppose it is better to play it safe with a stronger defense?


Thank you again for your advice.

[des8]

It is possible to write a defence without receiving anything other than the claim form, but knowing what DCBL's template form is like it may be challenging.

You should get a reply from DCBL within a week or ten days
The parking co. has 30 days to respond to a SAR, and the info they supply(if any) may be useful when writing your witness statement

It isn't DCBL who discontinue the claim, but the claimant. Parking companies often do discontinue, or even just don't turn up at court (probably due to their full costs not being recoverable)
(ParkingEye are the exception)

[tile22]

It is possible to write a defence without receiving anything other than the claim form, but knowing what DCBL's template form is like it may be challenging.

You should get a reply from DCBL within a week or ten days
The parking co. has 30 days to respond to a SAR, and the info they supply(if any) may be useful when writing your witness statement

It isn't DCBL who discontinue the claim, but the claimant. Parking companies often do discontinue, or even just don't turn up at court (probably due to their full costs not being recoverable)
(ParkingEye are the exception)

Hi,

As you advised I sent the SAR and CPR to the relevant places almost 3 weeks ago but am yet to hear back from either. DCBL Provided an immediate auto acknowledgement but that was it.

I suppose this lack of a response can now be used to strengthen my defense? I am aiming to have it submitted by Friday as the deadline falls early next week.

Would you please be able to advise on best approach for the defense. Are there strong examples or templates relevant to this case of no prior notice being issued? Or are there things to mention/avoid?

Many thanks

[des8]

If you post up a copy of the claim form we can supply a suitable template defence.
Remove identifying details (name, address and all reference numbers) before posting

If the location is mentioned in the claim photos of parking signs (with ALL writing fully legible) would be useful

[tile22]

If you post up a copy of the claim form we can supply a suitable template defence.
Remove identifying details (name, address and all reference numbers) before posting

If the location is mentioned in the claim photos of parking signs (with ALL writing fully legible) would be useful

Hi,

Please see attached the claim form and a link to the signage at the location.

https://i.postimg.cc/C5KSt0YN/IMG-5544.jpg

Thanks

[des8]

As defence is not due in until next Monday I'll get something to you in the next couple of days

[des8]

Here's a template upon which you can base your defence if you so wish.
Don't just copy and paste ... you must ensure parts you may use are correct there is a statement of truth at the end and any falsehoods could see you in big trouble!

You should send it as an attachment to an email.
In the subject line be sure to include court claim number

Parking defence Parkmaven template.odt

[tile22]

Here's a template upon which you can base your defence if you so wish.
Don't just copy and paste ... you must ensure parts you may use are correct there is a statement of truth at the end and any falsehoods could see you in big trouble!

You should send it as an attachment to an email.
In the subject line be sure to include court claim number

Parking defence Parkmaven template.odt

Thank you very much for providing that.

I have read it through and will ensure all parts I decide to use are in fact correct.


You have suggested sending it as an attachment to an email, but I was under the impression the defense had to be submitted in the text box on the MCOL portal. This text box has a character limit far lower than what would be needed to use the template you have provided.

Are you aware of how to send a defense via email if the claim is being handled via the MCOL system?

Many thanks.

[Frank1]

Practice Direction 5B 1.2 (b) states this PD only applies to claims started under MCOL if the claim has been sent to a CC hearing centre. So you may have to post your Defence to St Katherine's House.
You can serve it on the claimant attached to an email

[Frank1]

Post 11 may not be correct. MCOL User Guide states the defence can be filed by email. The guide provides the email address for filing N215 but doesn't state this address is the same for filing the defence

[des8]

Court email address is ClaimResponses.CNBC@justice.gov.uk.
Ensure the email subject line clearly includes the claim number.

[tile22]

Court email address is ClaimResponses.CNBC@justice.gov.uk.
Ensure the email subject line clearly includes the claim number.

Thank you for continuing to support with this.

I submitted a defense on time, based on the template you provided.

I have just recived an email from DCBLegal, pasted below.

Attached to the email was a picture from the ANPR cameras of the car on entry and exit and the PC which I never recived. I feel it is noteworthy that they did not provide a proof of postage, as this was requested in the SAR and mentioned in the defense I submitted.

The MCOL system does not show any update at this time.

Can you please advise wether this is just another attempt for them to force their bank details on the defendant, or if this is a meaningful development.

We write in response to your correspondence received in our office.

Please find attached the evidence we currently hold on file.

For clarity, Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”) states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. For the purpose of the Act; “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. The DVLA confirmed that you were the Registered Keeper at the time the parking charge was issued and as no transfer of liability has been received by our Client, they have the right to recover the parking charge from you as the Keeper of the vehicle.

Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account
• Sort Code: 20-24-09
• Account Number: 60964441

You must quote the correct case reference (71***********PAR) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

Failure to make payment may result in a continuation of legal proceedings. Continue to address Court documentation.

If you are unsure of your legal position, you may wish to seek independent legal advice.
Kind Regards,

[des8]

The interesting comment is "Failure to make payment may result in a continuation of legal proceedings" .... they don't sound very confident, so I would ignore them.

Could you post up a copy of the PC (suitably redacted removing name, address and all reference numbers, but leave in all dates and times)?
It is quite possible it does not comply with the mandated conditions of the Act to enable the transfer of liability from driver to keeper.